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PRASANNA B. VARALE, KRISHNA S. DIXIT
D. K. Shivakumar, S/o. S. K. Kempegowda – Appellant
Versus
State Of Karnataka, Rep. By Chief Secretary – Respondent
JUDGMENT :
This intra-court appeal seeks to call in question a learned Single Judge’s order dated 20.04.2023 whereby Appellant’s W.P.No.10479/2020 (GM-RES) challenging the Sanction Order dated 25.09.2019 issued by the 2nd respondent herein for CBI investigation has been negatived.
2. After service of notice, Respondent Nos.1 & 2 have entered appearance through the learned Additional Government Advocate; the 3rd Respondent CBI is represented by Senior Panel Counsel Sri P.Prasanna Kumar. In view of the request made by the Hon’ble Apex Court in Appellant’s Special Leave to Appeal (Crl.) No.9097/2023 disposed off on 10.11.2023, this matter on being mentioned, has been listed today for the time-bound disposal. The same reads as under:
The impugned order being interim in nature, we are not inclined to interfere with the same, more, particularly when the petitioner – CBI has already filed an application for vacation of the stay granted in the impugned order passed by the High Court, before the High Court.
However, it is requested that the High Court may hear and dispose of the application filed by the CBI seeking vacation of stay and the appeal pend
The main legal point established in the judgment is the right of a litigant to withdraw litigation, including the appeal and the original proceeding, and the effect of withdrawal of sanction on the a....
The distinction between 'consent' and 'sanction' under the DSPE Act was clarified, emphasizing that consent does not require a detailed order or application of mind, and the principles of res judicat....
The mandatory nature of the provisions under Section 17 of the PC act and the importance of fulfilling statutory expectations with due care and caution.
Withdrawal of state consent under the Prevention of Money Laundering Act affects CBI's authority; ongoing investigations are subject to jurisdictional approval.
The appearance of the accused petitioner before the Investigating Officer as per the direction of the Hon'ble Apex Court does not in any way negate the orders passed by the trial court which were sou....
The consent once given by the State Government in terms of Section 6 of the Delhi Special Police Establishment Act, 1946 (Act of 1946) cannot be thereafter withdrawn and consequently, the investigati....
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
A review of a sanction order without additional material is impermissible, and an invalid sanction order renders further proceedings non-est.
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
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